(a) This chapter does not apply to:

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Terms Used In Tennessee Code 62-35-103

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-35-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract security company: means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person. See Tennessee Code 62-35-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity. See Tennessee Code 62-35-102
  • Proprietary security organization: means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship. See Tennessee Code 62-35-102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public school: means an elementary or secondary school operated by a local education agency, as defined in §. See Tennessee Code 62-35-102
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Security guard and patrol service: means protection of persons or property, or both, from criminal activities, including, but not limited to:
    (A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property. See Tennessee Code 62-35-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Sworn peace officer: means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality. See Tennessee Code 62-35-102
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) A government officer or employee performing official duties; provided, that this exemption shall not apply to a security guard or security officer who is providing security or patrol services at or in a public school;
(2) A consumer reporting agency, as defined by the Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.);
(3) An attorney at law or the attorney’s agent performing duties relating to the attorney’s practice of law;
(4) An insurance company, agent, broker or adjuster performing investigative duties in connection with insurance business transacted;
(5) A holder of a purchase money security interest or the holder’s agent repossessing the personal property in which the interest is held;
(6) A private business employee conducting investigations relating to the internal affairs of the business;
(7) A full-time sworn peace officer receiving compensation for services as a guard, patrol or watchperson under a contract with a private business that is properly licensed by the state;
(8) An unarmed employee, whether uniformed or nonuniformed, in the course and scope of employment of a hospital who exceeds all training requirements established in § 62-35-118 by having received no less than twelve (12) classroom hours of training. The course curriculum for the training shall be on file with the commissioner;
(9) Private entities contracting with governmental entities for the care, supervision or transportation of inmates. This exemption shall in no way authorize government contracts for the care, supervision or transportation of inmates;
(10) A private special deputy appointed pursuant to § 38-8-118;
(11) A special deputy appointed pursuant to § 8-8-212 or a special police officer appointed by the chief of police in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(12) A retired peace officer receiving compensation for services as a guard, patrol, or watchperson under a contract with a private business that is properly licensed by the state; provided, that the retired peace officer:

(A)

(i) Completes the firearms and marksmanship training required by § 62-35-118(b); and
(ii) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun; or
(B) Is authorized to carry a firearm pursuant to § 38-8-116(b);
(13)

(A) One (1) designated employee per business location of a private company, firm, partnership or corporation that is not a contract security company or proprietary security organization whose duties include those of an unarmed security guard/officer during nonbusiness hours;
(B) Pursuant to this subdivision (a)(13), no person, while performing any function of a security guard and patrol service during nonbusiness hours, shall:

(i) Wear or display any badge, insignia, shield, patch or pattern that:

(a) Indicates or tends to indicate that the person is a sworn peace officer;
(b) Contains or includes the word “police” or the equivalent of that word; or
(c) Is similar in wording to any law enforcement agency in this state; or
(ii) Have or utilize any vehicle or equipment that:

(a) Displays the words “police,” “law enforcement officer,” or the equivalent of those words; or
(b) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency;
(14) A special police officer appointed by a chief of police or by the sheriff in any county having a population of no less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent census. A special police officer appointed pursuant to this subdivision (a)(14) shall have qualifications that are equivalent or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers;
(15)

(A) A company using or providing certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones located in the public right-of-way and established in accordance with the manual on uniform traffic control devices (MUTCD); provided, however, that any department providing the law enforcement officers may require the company to have on staff a traffic control supervisor or a traffic engineer in order to insure compliance with the MUTCD and may also require the company to demonstrate proof of liability insurance; or
(B) Commissioned, uniformed police officers, state troopers and/or sheriff deputies, upon departmental approval, are authorized, regardless of primary jurisdiction, to direct traffic in departmental approved uniforms or utilizing other governmental equipment, as may be required, in temporary work zones or for incident management purposes, to meet the needs of and control all road users, whether motorists, bicyclists, or pedestrians, within the highway, including persons with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA), Title II, Paragraph 35.130, upon any public roadway located within the state; or
(16) An employee of a restaurant or hotel, as defined in § 68-14-302, whose primary responsibilities do not involve the provision of security guard and patrol services.
(b) [Deleted by 2022 amendment.]
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